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T.c.
Cankiri karatekin university
Institute of social science
Political science and International Relations Department

The role of the International Criminal Court in protecting human

rights

By: MOUMINA AHMED ROBEITE

Supervisor:

Prof: DR. ZEYNEP ERHAN

CANKIRI: 2021-2022
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Abstract

The court of last resort for trying serious international offenses like genocide, war crimes, and
crimes against humanity in the International Criminal Court. This pact is known as the Rome
Statute, and it was adopted in July 1998. It is the site of the crimes against humanity, where the
International Criminal Court first convened in 2003. To create a trust fund for victims of crimes
within the Court's jurisdiction and for the benefit of the victims' families, the Court must
develop principles relating to reparation or in connection with victims, including restitution,
compensation, and rehabilitation. This text seeks to define the International Criminal Court's
function in protecting and advancing human rights through the prosecution of those who
commit crimes against humanity and violate human rights.

Keywords: International Criminal Court, crimes against humanity, human rights.

Introduction
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A divide in international criminal justice was perceived because of the International Criminal
Court, which is rightfully recognized as a turning point in the history of both international
humanitarian law and international criminal justice.

Throughout history, human society has been and continues to be subjected to numerous
furious battles and conflicts, many of which have resulted in the most heinous violations,
chilling bodies, graying of their miseries, and the destruction of countless landmarks of human
civilization. Many people have been subjected to the most heinous types of murder and
extermination, as well as the most heinous forms of torture and destruction.

The twentieth century also saw a steady stream of heinous human rights crimes and
international legal competition, both of which mocked the concept of world order. This inspired
the formation of a worldwide collective conscience to safeguard the international community
and human rights, as well as to strengthen the principles of international peace and security,
from the danger of such mistreatment and serious crimes. In this regard, the emphasis was on
methods for preserving international stability and security, as well as tactics for eradicating
global crime and building an international criminal justice system.

Established international criminal law

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The permanent International Criminal Court was established, after fifty years of continuous and
unrelenting efforts by the international community to establish a permanent international
criminal justice, at the Diplomatic Conference of Plenipotentiaries, which was held to adopt the
Statute of the Court under the supervision of the United Nations from June 15 to July 17, 1998,
where the International Criminal Court came into existence as a permanent international
judicial institution. (Dr. Abd,2018)

The International Criminal Court became a legal organization and an international mechanism
for the formation of international criminal justice after its Statute was adopted on July 17, 1998,
and it was ratified by 60 countries in April 2002, before entering into legal force on July 1, 2002.
And to strengthen the international legal system's foundations in individuals' international
criminal accountability for violating international humanitarian and human rights law. The ICC
pact serves as a wake-up call and a warning to all human rights violators around the world:
there will be no haven for them and no sanctuary for humanity's adversaries. I've resolved to
commit the most serious crimes of concern to society to achieve these goals and to benefit
current and future generations. (Dr. Abd,2018)

The Rome Statute of the International Criminal Court consists of a preamble and 128 articles
grouped into eleven chapters, which together form the Court's Charter or Statute. It is divided
into thirteen chapters and contains twenty-one hundred articles. The preamble makes mention
of peoples' common links and the recognition of cultures as a common human inheritance, as
well as the International Criminal Court's role as the human protector of crimes that threaten
peace and security. (Dr. Abd,2018)

Jurisdiction of the International Criminal Court

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Article 7 of the Rome Statute defines crimes against humanity as killing, exterminating,
enslaving, deporting, imprisoning, torturing, committing genocide, committing war crimes, as
well as other inhumane acts of a like nature that intentionally cause considerable suffering or
serious impairment to mental or physical health. (Abdullahi,2014)

Both the International Criminal Tribunal for the Former Yugoslavia and the International
Criminal Tribunal for the Pioneers have increased the list of offenses that fall under Article 7's
purview. Apartheid, sexual slavery, and enforced disappearance have all been added to the list
under the jurisdiction of the International Criminal Court. Other justifications for persecution
include those that are universally acknowledged as unlawful in the eyes of international law,
such as those that are national, ethnic, or cultural. (Abdullahi,2014)

Both the International Criminal Tribunal for the Former Yugoslavia and the International
Criminal Tribunal for the Pioneers have increased the list of offenses that fall under Article 7's
purview. The list has been broadened to include apartheid and enforced disappearance and
sexual slavery under the International Criminal Court. Persecution can also be based on
national, ethnic, or cultural grounds, as well as other grounds that are universally recognized as
illegal under international law. (Abdullahi,2014)

The attack must be carried out in conformity with the state's promotional or organizational
policy for committing the attack, according to Article 2(a). Non-state actors can commit crimes
against humanity, according to this text. Crimes against humanity can only be committed in the
name of state policy, according to both practice and history. A list of eleven acts of
humanitarian offense follows paragraph 1 of Article 7. Subparagraphs are dealing with
apartheid, torture, and enforced disappearance, which are all crimes against humanity that are
already prohibited under international law. (Abdullahi,2014)

Crimes against humanity:

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As previously stated, the Nuremberg Charter of the International Military Tribunal, established
by the Allies on 8 August 1945 to try and punish major war criminals in the European Axis
countries, introduced the concept of crimes against humanity. The political article of the
Charter stipulated those individuals were responsible for crimes against peace, war crimes, and
crimes against humanity. The court handed down judgments that made these offenses’ ideas
clearer. The principles outlined in the Charter and the principles found in the Court's decisions
were both adopted as international legal principles by the United Nations General Assembly.
(Dr. Abd ElHamid, 2017)

Since the Nuremberg Charter, the idea of crimes against humanity has evolved and has been
the focus of several discussions in academia, the International Law Commission of the UN, the
International Committee of the Red Cross, and various international non-governmental
organizations. The Genocide Convention of 1948, the 1973 Convention on the Crime of
Apartheid, the Convention Against Torture, and other such agreements dealt with specific
crimes that fit under the category of crimes against humanity, despite the growing interest in
such crimes with a defined definition. Cruel, inhumane, or professional treatment or
punishment for the year 1984 is one of the wars The year 1984 includes harsh, inhumane, or
professional treatment or punishment as one the wars. Due to the political or theological issues
presented by these crimes, the concept of crimes against humanity has thus remained a source
of debate. (Dr. ElHamid, 2018)

For this Statute, any of the following actions constitute torture: rape, forced sterilization, or
any other kind of sexual abuse. This is how the International Criminal Court's Rome Statute's
Article (7/1) defines crimes against humanity. This contains a statement that the definition of
crimes against humanity in the Rome Statute was broader than the term found in the earlier
agreements. Finally, it should be noted that the Rome Statute significantly increased the list of
crimes against humanity and even provided room for the inclusion of new crimes, as is stated in
the first paragraph (k) other inhumane acts of a similar type to the crimes against humanity.
The first of the actions described in the preceding phrases of the paragraph knowingly result in
considerable suffering or serious harm to the body, the mind, or the health. (Dr. Abd ElHamid,
2018)
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Punishment of perpetrators of crimes against humanity

The International Criminal Court has the power to impose penalties for crimes against
humanity committed within its territorial jurisdiction, as stated in the Rome Statute. To make
up for the suffering they have endured, the victim may also get court judgments. The
International Criminal Court shall consider the seriousness of the offense and the circumstances
of the convicted person. The Rome Statute, which emphasizes the concept of a criminal code,
states that no one convicted by the International Criminal Court shall be punished in any other
way. (Dr. Abd,2018)

According to Article 77 of the Rome Statute, the International Criminal Court may impose one
of the following penalties on a person convicted of committing one of the crimes that are
subject to its jurisdiction: A- Imprisonment for a predetermined period, not to exceed 30 years.
b - Life in prison, if the severity of the offense and the unique circumstances surrounding the
defendant make this punishment appropriate. C- The court may also order the imposition of
fines by the standards outlined in the Rules of Procedure and Evidence, in addition to the
incarceration sentence. Alternatively, you could decide to have any assets or property that
were acquired through criminal activity confiscated. The seriousness of the offense and the
unique circumstances of the guilty person must be considered when deciding on the
punishment. The court bases its decision on the laws, processes, and evidence. (Dr. Abd,2018)

In the Rome Statute, the death sentence was not mentioned as a sanction for offenses that fell
under the purview of the International Criminal Court. But the Rome Statute gives enough
assurances to say that the punishments stipulated in it won't influence the punishments
stipulated in the national laws of states, allowing them to exercise their national jurisdiction
using their punishments, which may or may not include the death sentence. (Dr. Abd,2018)

Conclusion
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The necessity of a strong, independent ICC to defend victims' rights, uphold international law
norms, and ensure their respect The current jurisprudence of the ICC without a doubt highlights
the potentially rich and vital function and essential importance of the protection of
internationally recognized human rights for the activity of the ACC. In this study, the application
and interpretation of human rights before the International Criminal Court were examined
along with their successes and difficulties.

Although the law is clear, the ICC hasn't given this issue its final say. Some examples of topics
that might be covered include the conflicts between various human rights treaties, the
relationship between Article 21(3) and the legality principle, and the expansive interpretation of
human rights that of beyond the scope of protection found in the case-law of international
human rights courts, or the significance of domestic human rights violations and how to punish
offenders. Any legally presented case should be logical and clearly described to meet the crucial
role that human rights play in international criminal law.

References
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Kirsch, P. (2006). The Role of the International Criminal Court in Enforcing International
Criminal Law. Am. U. Int'l L. Rev., 22, 539.
Kirsch, P. (2006). The Role of the International Criminal Court in Enforcing International
Criminal Law. Am. U. Int'l L. Rev., 22, 539.
Hansen, T. O. (2013). Africa and the International Criminal Court. In Handbook of Africa’s
international relations (pp. 165-179). Routledge.
Dr. Abd ElHamid Mohamed Abd ElHamid Hussein
Bassiouni, M. C. (1991). The time has come for an international criminal court. Ind. Int'l &
Comp. L. Rev
Ainley, K. (2015). The Responsibility to Protect and the International Criminal Court:
counteracting the crisis. International Affairs, 91(1), 37-54.2018